A division bench of Delhi High Court recently refused an appeal to an order passed earlier by the same court in Archie Comic Publications Inc (Archies) v Purple Creations Pvt Ltd & Ors that held it had no jurisdiction to entertain the suit. In April 2008, a single judge of the court had directed the suit be returned to Archies, after Purple Creations questioned the court’s jurisdiction arguing Archies had no business in India, much less in Delhi.
New York-based Archies had been seeking a permanent injunction and damages against Purple Creations, a Mumbai-based company, alleging infringement of its trademark. Although Archies had registered its trademark in India in October 1989, it did not have an office in the country.
The division bench, affirming the judgment of the single judge, held that section 134 of the Trademarks Act, 1999, requires Archies to file its suit at the place where it “carries on business or personally works for gain”.
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The update of court judgments is compiled by Bhasin & Co, Advocates, a corporate law firm based in New Delhi. The authors can be contacted at lbhasin@bhasinco.in or lbhasin@gmail.com. Readers should not act on the basis of this information without seeking professional legal advice.
